Code of Massachusetts Regulations
940 CMR - OFFICE OF THE ATTORNEY GENERAL
Title 940 CMR 19.00 - Retail Marketing And Sale Of Electricity
Section 19.06 - Other Unfair or Deceptive Acts or Practices

Universal Citation: 940 MA Code of Regs 940.19

Current through Register 1531, September 27, 2024

(1) It is an unfair or deceptive act or practice for a retail seller of electricity to:

(a) fail to provide to a consumer relevant, material facts to substantiate any material representation including those representations required to be provided by 220 CMR 11.06, made by the retail seller of electricity, upon request.

(b) refuse to provide any electricity product or service to a consumer at the price that, and upon such terms as, the retail seller of electricity has offered and the consumer has accepted for such product or service.

(c) offer to sell electricity to a consumer at a price that is lower than the retail seller of electricity will actually agree to accept, for the purpose of obligating the consumer to accept and pay for the delivery of electricity at a price higher than that offered.

(d) replace or arrange to replace a consumer's current provider of electricity service with its own service or with the service of any other retail seller of electricity, without the consumer's express, affirmative consent, except as provided by M.G.L. c. 164, § 1B(d) or M.G.L. c. 164, § 134.

(e) refuse, for any unlawful reason, to sell electricity to any consumer who seeks to purchase electricity from a retail seller of electricity.

(f) continue to offer to sell electricity to a consumer with the intent to take advantage of the limited or impaired ability of such consumer to understand the essential sum and substance of the transaction, with intent to defraud the consumer.

(2) It is an unfair or deceptive act or practice for a retail seller of electricity to compare any of its electricity prices, products or services through any form of marketing to the electricity prices, products or services of an entity that could not possibly provide such to the consumer because that entity is not licensed by the Department pursuant to M.G.L. c. 164, § 1F(1), or because that entity is not otherwise permitted, to engage in the retail sale or marketing of electricity to the Massachusetts public, unless full disclosure of the status of the entity to which it is being compared is made contemporaneously.

(3) It is an unfair or deceptive act or practice for a retail seller of electricity, including a distribution company, to make any comparison of any price to any other price without stating the relevant, material facts upon which that comparison is based, including but not limited to any comparison of the amount of money to be saved, expressed in any manner, by purchasing electricity from one retail seller of electricity rather than any other.

(4) It is an unfair or deceptive act or practice for a retail seller of electricity, including a distribution company, to make, in any form of marketing, any material representation, or use any graphic image to convey a message, about the impact of its products, practices or services on the natural environment, unless the retail seller makes available upon request factual bases for that representation sufficient to allow a reasonable consumer to make an informed decision about such impact. Where a retail seller of electricity, including a distribution company, makes any representation about the impact of any of its products, practices or services on the natural environment or the type(s) of fuels or technologies used to generate any portion of the electricity it sells or distributes, the retail seller of electricity must maintain for a period of 18 months from the time the representation is made, and must make available to any consumer upon request, documentation of the relevant, material facts upon which the representation is based.

Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.